Section 45.02.708. Seller's damages for nonacceptance or repudiation.

   (a) Subject to (b) of this section and to the provisions with respect to proof of market price (AS 45.02.723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in AS 45.02.710, but less expenses saved in consequence of the buyer's breach.
   (b) If the measure of damages provided in (a) of this section is inadequate to put the seller in as good a position as performance would have done, then the measure of damages is the profit, including reasonable overhead, that the seller would have made from full performance by the buyer, together with any incidental damages provided in AS 45.02.710, due allowance for costs reasonably incurred, and due credit for payments or proceeds of resale.

Authorities

45.02.703;45.02.709;45.02.723

Notes

References

AS 45.02.703 Seller's remedies in general.
AS 45.02.709 Action for the price.
AS 45.02.723 Proof of market price; time and place.

History

(Sec. 2.708 ch 114 SLA 1962)